On The Conflict And Legal Countermeasures Of Thedecision Power Of Organ Donation In China

In order to ensure the steady development of the donor organ donation cause in China,the regulations on human organ transplantation,which was formulated by the State Council in 2007,has been formally published.It can be said that the regulation plays an extremely important role in the construction of the system of donor organ donation in China.However,in affirming the value of the regulations,it should also be noted that the issue of distance regulations has been published for more than ten years,and it can not play a very effective regulatory role for some of the existing problems,such as the conflict of the right to determine the body organ donation.In the medical practice of donor organ donation,it is often encountered that the dead person has made clear that it should donate the body organ after death and to register and confirm according to the system requirements.But after the death of the donor,the close relatives obstruct the donation behavior,which leads to the final hospital abandoning the medical behavior of the organ.Or when the deceased did not declare,the relatives donated the remains of the deceased according to their own wishes.The essence of the problems in these practices is the conflict of the right to determine the donor organ donation,and the key to solving the conflict is to identify the people who have the right to determine the actual donor organ donation.This article first combed the related theories of the legal attributes of the body and body organs,and introduced the relevant regulations of the system of the donor organ donation in China.After that,the existing conflicts of decisions are classified according to the different subjects of the exercise of decision power,and the conflict of decision rights in each form is analyzed.Through the exploration of the legal attributes of the body and body organ,it is finally confirmed as "a thing with double personality interests",and from the legal inference that the right to decide the donation of the body organ should belong to the dead person,and any person except himself,including the close relatives of the deceased,has no right to donate the body organ of the deceased.The conflict of the right to decide organ donation has got a theoretical result.In order to make the system of donor organ donation in our country develop well,increase the amount of donor organ donation in a reasonable way according to the rules of law,gradually get rid of the dependence of the donor's organ donation to the dead by the gap of the organ supply and demand,and the relevant system of the country with high donation rate of the foreign body organ officials in this article.The analysis is carried out,and the institutional differences between different countries are compared and the methods and methods of reference are chosen to be explained separately.At the same time,some pertinent suggestions are given to the problems exposed by the donor organ donation in our country at the present stage.